{"id":39303,"date":"2025-04-12T11:45:00","date_gmt":"2025-04-12T11:45:00","guid":{"rendered":"https:\/\/www.lifeandnews.com\/articles\/?p=39303"},"modified":"2025-04-23T04:47:50","modified_gmt":"2025-04-23T04:47:50","slug":"citizenship-voting-requirement-in-save-act-has-no-basis-in-the-constitution-and-ignores-precedent-that-only-states-decide-who-gets-to-vote","status":"publish","type":"post","link":"https:\/\/www.lifeandnews.com\/articles\/citizenship-voting-requirement-in-save-act-has-no-basis-in-the-constitution-and-ignores-precedent-that-only-states-decide-who-gets-to-vote\/","title":{"rendered":"Citizenship voting requirement in SAVE Act has no basis in the Constitution \u2013 and ignores precedent that only states decide who gets to vote"},"content":{"rendered":"\n

John J. Martin<\/a>, University of Virginia<\/a><\/em><\/p>\n\n\n\n

The Republican-led House of Representatives passed<\/a> on April 10, 2025, the Safeguard American Voter Eligibility Act<\/a> \u2013 or SAVE Act. The bill would make voting harder for tens of millions of Americans.<\/p>\n\n\n\n

The SAVE Act would require anyone registering to vote in federal elections to first \u201cprovide documentary proof of U.S. citizenship\u201d in person, like a passport or birth certificate.<\/p>\n\n\n\n

The House already passed an identical bill in July 2024<\/a>, also along partisan lines, with the GOP largely supporting the legislation. At that time, the Senate killed the bill. With a now GOP-controlled Senate, and a Republican in the White House, the SAVE Act could become law before 2025 ends.<\/p>\n\n\n\n

Voting rights experts and advocacy organizations have detailed how the legislation<\/a> could suppress voting<\/a>. In part, they say it would particularly create barriers in low-income and minority communities. People in such communities often lack the forms of ID acceptable under the SAVE Act for a variety of reasons<\/a>, including socioeconomic factors.<\/p>\n\n\n\n

As of now, at least 9% of voting-age American citizens \u2013 approximately 21 million people \u2013 do not even have driver\u2019s licenses<\/a>, let alone proof of citizenship. In spite of this, many legislators support the bill as a means of eliminating noncitizen voting<\/a> in elections.<\/p>\n\n\n\n

As a legal scholar who studies, among other things, foreign interference<\/a> in elections<\/a>, I find considerations about the potential effects of the SAVE Act important, especially given how rare it is<\/a> that a noncitizen actually votes in federal elections.<\/p>\n\n\n\n

Yet, it is equally crucial to consider a more fundamental question: is the SAVE Act even constitutional?<\/p>\n\n\n\n

\"Two
Voters cast their ballot in Charlotte, N.C., on Nov. 5, 2024. Peter Zay\/Anadolu via Getty Images<\/a><\/figcaption><\/figure>\n\n\n\n

How the SAVE Act could change voting requirements<\/h2>\n\n\n\n

The SAVE Act would forbid<\/a> state election officials from registering an individual to vote in federal elections unless this person \u201cprovides documentary proof of United States citizenship.\u201d<\/p>\n\n\n\n

Acceptable forms of proof for voter registration<\/a> would include a REAL ID that demonstrates U.S. citizenship \u2013 most of which do not \u2013 as well as a U.S. passport<\/a> or a U.S. military identification card.<\/p>\n\n\n\n

So, should the SAVE Act become law, if a person turns 18 or moves between states and wishes to register to vote in federal elections in their new home, they would likely be turned away if they do not have any such documents readily available. At best, they could still fill out a registration form, but would need to mail in acceptable proof of citizenship.<\/p>\n\n\n\n

For married people with changed last names, among others, questions remain<\/a> about whether birth certificates could even count as acceptable proof of citizenship for them.<\/p>\n\n\n\n

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